Reader I*** sent in this question:
What if the child is illegitimate but she bears the father’s family name. The father no longer sees her and does not give support as well or even tried to communicate. Are there any necessary documentation that the mother needs to file in order to bring the Child abroad? What possible grounds can a father file for the illegitimate child not to be brought abroad by the mother? And what can a mother do in order to make sure that the father will not try and stop her from bringing her child?
Illegitimate children are under the custody of the mother and for as long as the child is traveling with one of the parents, he or she need not have a travel clearance. In the situation cited, you said that the child bears the surname of the father, in which case, the mother should be prepared to show proof of her relationship to the child, usually a birth certificate (bring along an Affidavit of Illegitimacy as well). If the father has an existing visitation or custody arrangement approved in court then he may take steps to prevent the child from leaving the country including alerting the Bureau of Immigration. There is no specific guarantee against this move because the father has a right to have access to his minor child. I hope this helps.
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